 |
 |
| Title
5. Administrative Procedures And Services | | Title
9-a. Maine Consumer Credit Code | | Title
9. Banks And Financial Institutions | | Title 01. General Provisions | | Title 02. Executive | | Title 03. Legislature | | Title 04. Judiciary | | Title 05. Administrative Procedures And Services | | Title 06. Aeronautics | | Title 07. Agriculture And Animals | | Title 08. Amusements And Sports | | Title 09-a. Maine Consumer Credit Code | | Title 09-b. Financial Institutions | | Title 09. Banks And Financial Institutions | | Title 10. Commerce And Trade | | Title 11. Uniform Commercial Code | | Title 12. Conservation | | Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff)) | | Title 13-b. Maine Nonprofit Corporation Act | | Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff)) | | Title 13. Corporations | | Title 14. Court Procedure -- Civil | | Title 15. Court Procedure -- Criminal | | Title 16. Court Procedure -- Evidence | | Title 17-a. Maine Criminal Code | | Title 17. Crimes | | Title 18-a. Probate Code | | Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05) | | Title 18. Decedents' Estates And Fiduciary Relations | | Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff)) | | Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff)) | | Title 20-a. Education | | Title 20. Education | | Title 21-a. Elections | | Title 21. Elections | | Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new)) | | Title 22. Health And Welfare | | Title 23. Highways | | Title 24-a. Maine Insurance Code | | Title 24. Insurance | | Title 25. Internal Security And Public Safety | | Title 26. Labor And Industry | | Title 27. Libraries, History, Culture And Art | | Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new)) | | Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp)) | | Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff)) | | Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff)) | | Title 31. Partnerships And Associations | | Title 32. Professions And Occupations | | Title 33. Property | | Title 34-a. Corrections | | Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd)) | | Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp)) | | Title 36. Taxation | | Title 37-a. Department Of Defense And Veterans Services | | Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr)) | | Title 37. Veterans' Services | | Title 38. Waters And Navigation | | Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8) | | Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7) |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Maine |
|
USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 221. SCHOOL RECORDS, AUDITS AND REPORTS
|
|
Title 20-A - §6001-A. Parental access to information on school activities
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 1: STUDENT RECORDS
§6001-A. Parental access to information on school activities
1. Parental notification. Upon written request by a parent, a school administrative unit may provide written notification of all school activities
and programs for which parental participation, involvement, notification or awareness is in the best interest of the student.
A noncustodial parent may have access to information on school activities and programs upon written request and with the
mutual agreement of the custodial parent and the school administrative unit.
[1997, c. 415, §4 (new).]
2. Exemption. This section does not apply to a parent denied parental rights and responsibilities in a court order.
[1997, c. 415, §4 (new).]
Section History:
PL 1997,
Ch. 415,
§4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6001-B. Transfer of education records
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 1: STUDENT RECORDS
§6001-B. Transfer of education records
1. Education records must follow students who transfer. Education records must follow students who transfer to a school in another school administrative unit in the State. The
education records of students who transfer from educational programs or schools for juveniles located in or operated by correctional
facilities or out-of-state schools are also subject to this requirement.
[2001, c. 452, §14 (amd).]
2. Transfer of records. Upon application of a student to transfer to another school administrative unit in this State or to enroll at a school administrative
unit in this State from an educational program or school for juveniles located in or operated by a correctional facility or
a school outside of the State, and upon the written request of the superintendent of the school administrative unit into which
the student seeks admission, school administrators at the school administrative unit from which the student is transferring
shall provide all of the student's education records, including disciplinary records, attendance records, health records other
than confidential health records for which consent for dissemination has not been obtained and special education records,
to school administrators at the school administrative unit to which the student is seeking a transfer. Confidential health
records may be provided under this subsection only if the school administrator at the school administrative unit from which
the student is transferring receives the authorization or consent necessary for the dissemination of information contained
in the following records:
A. Records concerning information on a person's HIV infection status, including the results of an HIV test, as those records
are described in Title 5, section 19203-D;
[2003, c. 472, §1 (new).]
B. Records concerning information on a person's alcohol and other drug abuse treatment as those records are described in Title
5, section 20047;
[2003, c. 472, §1 (new).]
C. Records concerning information on a person's health care and treatment as those records are described in Title 22, section
1711-C; and
[2003, c. 472, §1 (new).]
D. Records concerning information on a person's mental health treatment as those records are described in Title 34-B, section
1207.
[2003, c. 472, §1 (new).]
[2003, c. 472, §1 (amd).]
3. Determination of disciplinary status of student applying for transfer; discretion of school to accept student. At the request of the superintendent of the school administrative unit into which a student seeks admission, the student's
current or former school administrators shall provide, in a timely fashion, an oral or written report to the receiving school
administrative unit indicating whether the student has been expelled or suspended or is the subject of an expulsion or suspension
proceeding. In the case of a student who has been expelled or suspended or is the subject of an expulsion or suspension proceeding,
the receiving school administrative unit may deny admission or participation in public school programs, facilities or activities
as part of an equivalent instruction program pursuant to section 5021 until the school administrative unit is satisfied that
the conditions of the expulsion or suspension have been met.
[1999, c. 351, §3 (new).]
3-A. Determination of status of juvenile applying for admission; discretion of school to accept juvenile. If the receiving school administrative unit receives information under Title 15, section 3308, subsection 7, paragraph B-1,
subparagraph (3) and Title 34-A, section 1216, subsection 1, paragraph F that a student is not in compliance with a condition
of an individualized plan for the juvenile's rehabilitation and that condition is relevant to the juvenile's reintegration
into the school, the receiving school administrative unit may deny admission or participation in public school programs, facilities
or activities as part of an equivalent instruction program pursuant to section 5021 until the school administrative unit is
satisfied that the condition has been met.
[2003, c. 205, §8 (amd).]
4. Notice to parents and guardians. Prior to the start of the 2000-01 school year and each school year thereafter, a school administrative unit shall send a
written notice to parents or guardians of every student enrolled in the school administrative unit that education records
must be sent to a school administrative unit to which a student applies for transfer. Beginning with the 2001-2002 school
year, an educational program or school for juveniles located in or operated by a correctional facility shall send a written
notice to parents, guardians and custodians of every student enrolled in that educational program or school for juveniles
located in or operated by the correctional facility that education records must be sent to a school administrative unit to
which a student applies for transfer. The notice provided to parents, guardians and custodians must comply with the standards
of the federal Family Education Rights and Privacy Act of 1974, Public Law 93-380, as amended by Public Law 93-568.
[2001, c. 452, §14 (amd).]
Section History:
PL 1999,
Ch. 351,
§3
(NEW).
PL 2001,
Ch. 452,
§14
(AMD).
PL 2003,
Ch. 205,
§8
(AMD).
PL 2003,
Ch. 472,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6001. Dissemination of information
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 1: STUDENT RECORDS
§6001. Dissemination of information
1. Federal and state law. The provisions of this section, the United States Family Educational Rights and Privacy Act of 1974, Public Law 93-380,
as amended by Public Law 93-568, and the United States Education of All Handicapped Children Act, Public Law 94-142 govern
the dissemination of information about students, as well as written notices of intent to provide equivalent instruction through
home instruction and all education records of students receiving equivalent instruction through home instruction.
[2003, c. 181, §3 (amd).]
2. Internet restrictions. A public school may not publish on the Internet or provide for publication on the Internet any personal information about
its students without first obtaining the written approval of those students' parents. For the purpose of this section, "personal
information" means information that identifies a student, including, but not limited to, the student's full name, photograph,
personal biography, e-mail address, home address, date of birth, social security number and parents' names.
[1999, c. 595, §2 (new).]
3. Dissemination of education records to criminal justice agencies. A school may disseminate education records as defined in 20 United States Code, Section 1232 g(a)(4) regarding a juvenile
if:
A. The juvenile has not been adjudicated as having committed a juvenile crime;
[1999, c. 595, §2 (new).]
B. The education records are disseminated to:
(1) Criminal justice agencies; or
(2) Agencies that by court order or agreement of the juvenile are responsible for the health or welfare of the juvenile
and that have provided the school with a statement describing the purpose of the dissemination; and
[1999, c. 595, §2 (new).]
C. The education records are relevant to and disseminated for the purpose of creating or maintaining an individualized plan
for the juvenile's rehabilitation.
[1999, c. 595, §2 (new).]
Education records received under this subsection are confidential and may not be further disseminated, except to the court
or as otherwise provided by law. The persons to whom the education records are disseminated shall certify in writing to the
school that the records will not be disclosed to any other party, except the court or as otherwise provided by law, without
the written consent of the juvenile or the juvenile's parent or guardian.
[1999, c. 595, §2 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1989,
Ch. 911,
§1
(AMD).
PL 1999,
Ch. 17,
§1
(AMD).
PL 1999,
Ch. 595,
§2
(RPR).
PL 2003,
Ch. 181,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6002. Record of birth
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 1: STUDENT RECORDS
§6002. Record of birth
The following provisions apply to a student's first enrollment.
[1981, c. 693, § § 5, 8(new)]
1. Duty of students. Students who enroll for the first time in a public school shall provide their teachers with official records of birth within
60 days of enrollment.
[1981, c. 693, § § 5, 8(new)]
2. Duty of parent or guardian. The following provisions apply to the duties of a parent or guardian.
A. A parent or guardian of a student who enrolls shall provide that student with an official record of birth.
[1981, c. 693, § § 5, 8(new)]
B. A parent who refuses or unreasonably neglects to comply with paragraph A shall be fined not more than $5.
[1981, c. 693, § § 5, 8(new)]
[1981, c. 693, § § 5, 8(new)]
3. Duties of teachers, superintendents and other public officials. The following are duties of teachers, superintendents and other public officials.
A. A teacher shall inform the superintendent of the school administrative unit of the name of any student who has not complied
with subsection 1.
[1981, c. 693, § § 5, 8(new)]
B. A superintendent shall inform the State Registrar of Vital Statistics of the name of a student who has not complied with
subsection 1 and the name and address of the parent of that student.
[1981, c. 693, § § 5, 8(new)]
C. The State Registrar of Vital Statistics shall file a complaint with the nearest District Court whenever the registrar believes
that a parent has not complied with subsection 2.
[1981, c. 693, § § 5, 8(new)]
D. The State Registrar of Vital Statistics shall provide file copies of any relevant records in the registrar's possession
on the request of a parent of a student.
[1981, c. 693, § § 5, 8(new)]
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6003. Student attendance records
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 1: STUDENT RECORDS
§6003. Student attendance records
1. Duty of school board. A school board shall designate one or more persons to maintain accurate records of all students attending public schools
in the unit.
[1981, c. 693, § § 5, 8 (new)]
2. Contents. The attendance records shall contain the following information on each student:
A. Name;
[1981, c. 693, § § 5, 8 (new)]
B. Birth date;
[1981, c. 693, § § 5, 8 (new)]
C. Dates of entering and leaving school in the unit;
[1981, c. 693, § § 5, 8 (new)]
D. The number of days attended; and
[1981, c. 693, § § 5, 8 (new)]
E. The number of times late for school.
[1981, c. 693, § § 5, 8 (new)]
[1981, c. 693, § § 5, 8 (new)]
3. Access. Attendance records shall be made available to the school board at any time.
[1981, c. 693, § § 5, 8 (new)]
4. Duty of record keeper. The record keeper shall provide the school board with the information they request whenever they request it.
[1981, c. 693, § § 5, 8 (new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6004. Annual student count
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 1: STUDENT RECORDS
§6004. Annual student count
The following provisions apply to the annual counting of students.
[1981, c. 693, §§5, 8 (new).]
1. Duty of superintendent. By April 15th and October 15th the superintendent of each school administrative unit and the principal of each private school
shall inform the commissioner of the number of students attending their schools and in the case of public schools the number
of students residing in their school administrative unit. This information shall be supplied on forms provided by the commissioner.
[1981, c. 693, §§5, 8 (new).]
2. Student count. Students shall be counted as follows.
A. A student residing in the school administrative unit may be considered in attendance on April 1st only if the student:
(1) Attended school at least 75% of the time between October 1st and April 1st, if enrolled by October 1st; or
(2) Attended school at least 75% of the time between the date of the student's first enrollment and April 1st, if not enrolled
by October 1st.
Excused absences and absences due to illness shall not be considered absences under this subsection.
[1983, c. 862, §57 (amd).]
B. Students who attend school under section 5205, subsections 2, 4, 5 and 6, shall be counted in the school administrative
unit in which they attend school.
[1981, c. 693, §§5, 8 (new).]
C.
[1989, c. 534, Pt. E, §2 (new); c. 596, Pt. E, §1 (rp).]
[1989, c. 534, Pt. E, §2 (amd); c. 596, Pt. E, §1 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§59
(AMD).
PL 1983,
Ch. 862,
§57
(AMD).
PL 1989,
Ch. 534,
§E2
(AMD).
PL 1989,
Ch. 596,
§E1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6051. School administrative units
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 2: AUDITS
§6051. School administrative units
1. Audit. A school board shall provide for an annual audit of the school administrative unit. The audit shall include the following:
A. Accountability of all revenues and expenditures;
[1985, c. 797, §36 (new).]
B. A determination of whether or not proper budgetary controls are in place;
[1985, c. 797, §36 (new).]
C. A determination of whether or not the annual financial report submitted to the department is correct;
[1985, c. 797, §36 (new).]
D. An audit of all federal programs in accordance with applicable federal law;
[1985, c. 797, §36 (new).]
E. A determination as to whether the school administrative unit has complied with applicable provisions of the School Finance
Act of 1985 and the School Finance Act of 1995; and
[2001, c. 344, §7 (amd).]
F. Any other information which the commissioner may require.
[1985, c. 797, §36 (new).]
[2001, c. 344, §7 (amd).]
2. Fiscal year. The fiscal year of an audit shall be from July 1st to June 30th, except that audits of federal programs shall conform to
federal requirements.
[1985, c. 797, §36 (rpr).]
3. Auditors. Audits shall be conducted by either the Department of Audit or qualified certified public accountants or public accountants
registered by the Board of Accountancy.
[1985, c. 797, §36 (rpr).]
4. Initial report to commissioner. On or before December 1st, the school board shall provide the commissioner with:
A.
[2001, c. 344, §8 (rp).]
B.
[2001, c. 344, §8 (rp).]
C. Written determination of whether or not proper budgetary controls are in place;
[2001, c. 344, §8 (new).]
D. A written determination of whether or not the annual financial report submitted to the department is correct, including
submission of an audited reconciliation of the annual financial report prepared and certified by the auditor; and
[2001, c. 344, §8 (new).]
E. A written determination as to whether the school administrative unit has complied with applicable provisions of the School
Finance Act of 1985 and the School Finance Act of 1995.
[2001, c. 344, §8 (new).]
[2001, c. 344, §8 (amd).]
5. Records. Financial records and accounts shall be kept for 7 years after the end of the fiscal year and shall be available to the
auditors and any other upon request.
[1985, c. 797, §36 (rpr).]
6. Report to commissioner. Within 9 months after the end of the audit period, the school board shall provide the commissioner with:
A. A copy of the audit report;
[2001, c. 344, §9 (new).]
B. Accountability of all revenues and expenditures;
[2001, c. 344, §9 (new).]
C. Written assurance that the audit has been conducted in accordance with applicable state and federal laws relating to financial
and compliance audits; and
[2001, c. 344, §9 (new).]
D. Any other information that the commissioner may require.
[2001, c. 344, §9 (new).]
[2001, c. 344, §9 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 797,
§36
(RPR).
RR 1993,
Ch. 1,
§45
(COR).
PL 2001,
Ch. 344,
§7-9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6052. Federal audits
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 2: AUDITS
§6052. Federal audits
The following provisions apply to federal audits.
[1981, c. 693, § § 5, 8(new)]
1. A school board of a school administrative unit which accepts federal funds shall hire auditors and pay out of available
school funds or from federally allocated sums for any audit of federal programs.
[1981, c. 693, § § 5, 8(new)]
2. Report to commissioner. The auditor shall provide the commissioner with a copy of the audit.
[1981, c. 693, § § 5, 8(new)]
3. Use of audit. The commissioner may use these audits to provide the Federal Government with any information it requires.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6101. Record of directory information
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 3: EMPLOYEE AND APPLICANT RECORDS (HEADING: PL 1995, c. 547, @1 (rpr))
§6101. Record of directory information
The following provisions apply to employee records.
[1981, c. 693, §§5, 8 (new).]
1. Contents. A school administrative unit shall maintain a record of directory information on each employee as follows:
A. Name;
[1981, c. 693, §§5, 8 (new).]
B. Dates of employment;
[1981, c. 693, §§5, 8 (new).]
C. Regular and extracurricular duties, including all courses taught in that school administrative unit;
[1981, c. 693, §§5, 8 (new).]
D. Post-secondary educational institutions attended;
[1981, c. 693, §§5, 8 (new).]
E. Major and minor fields of study recognized by the post-secondary institutions attended; and
[1997, c. 452, §1 (amd).]
F. Degrees received and dates awarded.
[1997, c. 452, §1 (amd).]
G.
[1997, c. 452, §2 (rp).]
[1997, c. 452, §§1, 2 (amd).]
2. Access. The following provisions apply to access of employee records.
A. The record of directory information shall be available for inspection and copying by any person.
[1981, c. 693, §§5, 8 (new).]
B. Except as provided in paragraph A, information in any form relating to an employee or applicant for employment, or to the
employee's immediate family, must be kept confidential if it relates to the following:
(1) All information, working papers and examinations used in the examination or evaluation of all applicants for employment;
(2) Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
(3) Performance evaluations, personal references and other reports and evaluations reflecting on the quality or adequacy
of the employee's work or general character compiled and maintained for employment purposes;
(4) Credit information;
(5) Except as provided by subsection 1, the personal history, general character or conduct of the employee or any member
of the employee's immediate family;
(6) Complaints, charges of misconduct, replies to complaints and charges of misconduct and memoranda and other materials
pertaining to disciplinary action;
(7) Social security number;
(8) The teacher action plan and support system documents and reports maintained for certification purposes; and
(9) Criminal history record information obtained pursuant to section 6103.
[1995, c. 547, §4 (amd).]
C. Any written record of a decision involving disciplinary action taken with respect to an employee by the governing body of
the school administrative unit shall not be included within any category of confidential information set forth in paragraph
B.
[1981, c. 693, §§5, 8 (new).]
[1995, c. 547, §4 (amd).]
3. Commissioner's review. The commissioner shall have access to any of the records or documents designated as confidential in this section for carrying
out the commissioner's duties pursuant to section 13020. Copies of any such records or documents shall simultaneously be
provided to the employee.
The commissioner shall also have access to support system documents for carrying out the commissioner's certification and
support system approval duties pursuant to chapter 502 and to other confidential employee records for carrying out the commissioner's
school approval duties pursuant to chapter 206.
[1987, c. 620, §2 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 470,
§5
(AMD).
PL 1983,
Ch. 806,
§60
(AMD).
PL 1983,
Ch. 862,
§58
(AMD).
PL 1985,
Ch. 506,
§A37
(AMD).
PL 1987,
Ch. 620,
§1,2
(AMD).
PL 1995,
Ch. 547,
§2-4
(AMD).
PL 1997,
Ch. 452,
§1,2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6102. Employee review
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 3: EMPLOYEE AND APPLICANT RECORDS (HEADING: PL 1995, c. 547, @1 (rpr))
§6102. Employee review
The following provisions apply to employee review of records.
[1981, c. 693, § § 5, 8(new)]
1. Right to review. An employee or former employee of a school administrative unit, or the employee's representative, is entitled to review
the following documents and reports:
A. The employee's teacher action plan and other support system documents and reports maintained for certification purposes
upon written request to the custodian designated to maintain those records;
[1987, c. 620, §3 (new).]
B. The employee's personnel file on written request to the superintendent if the superintendent of schools has a personnel
file for the employee; and
[1987, c. 620, §3 (new).]
C. Any confidential records or documents provided to the commissioner pursuant to section 6101, subsection 3, if the records
or documents were not simultaneously provided to the employee.
[1987, c. 620, §3 (new).]
[1987, c. 620, §3 (amd).]
2. Time and place. Review of support system documents or a personnel file shall take place where the file is kept during normal school hours.
[1987, c. 620, §3 (amd).]
3. Contents. For purposes of this section, a "personnel file" includes, but is not limited to:
A. Formal or informal employee work evaluation compiled and maintained for employment purposes; and
[1987, c. 620, §3 (amd).]
B. Reports relating to the employee's character, credit, work habits, compensation and benefits.
[1981, c. 693, § § 5, 8(new)]
[1987, c. 620, §3 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 620,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6103. Criminal history record information conviction data
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 3: EMPLOYEE AND APPLICANT RECORDS (HEADING: PL 1995, c. 547, @1 (rpr))
§6103. Criminal history record information conviction data
Beginning July 1, 2000, certification, authorization and renewal under chapters 501 and 502 are subject to the provisions
of this section. A person who has complied with the requirements of this section is not required to submit to a subsequent
national criminal history record check unless that person has not been continuously employed in a position requiring certification
or authorization under chapters 501 and 502. A person who has not been continuously employed in such a position is subject
to a subsequent national criminal history record check upon renewal. School vacations are not a break in employment. Fingerprinting
of immediately affected applicants for certification, authorization or renewal, conducting of the needed state and national
criminal history record checks by the State Bureau of Identification and forwarding of the results by the bureau to the department
must begin on September 1, 1999.
[1999, c. 791, §1 (amd).]
div>
Beginning September 1, 1999, approval under chapters 501 and 502 is subject to the provisions of this section. A person who
has complied with the requirements of this section is not required to submit to a subsequent national criminal history record
check unless that person has not been continuously employed in a position requiring approval under chapters 501 and 502.
A person who has not been continuously employed in such a position is subject to a subsequent national criminal history record
check upon renewal. School vacations are not a break in employment. Fingerprinting of applicants for approval, conducting
of the needed state and national criminal history record checks by the State Bureau of Identification and forwarding of the
results by the bureau to the department must begin on September 1, 1999.
[1999, c. 791, §2 (amd).]
1. Conviction data obtained; reliance. The commissioner shall obtain criminal history record information containing a record of conviction data from the Maine
Criminal Justice Information System for any person applying for certification, authorization, approval or renewal. The commissioner
may rely on information provided by the Maine Criminal Justice Information System within 24 months prior to the issuance of
a certificate, authorization, approval or renewal.
[1997, c. 452, §3 (amd).]
2. Issuance restriction. Issuance of a certificate, authorization, approval or renewal to any person whose criminal history record information includes
a criminal conviction is subject to the provisions of Title 5, chapter 341 and section 13020.
[1997, c. 452, §3 (amd).]
3. Confidentiality. Any information obtained pursuant to this section is confidential. The results of criminal history record checks received
by the commissioner are for official use only and may not be disseminated outside the department.
[1997, c. 452, §3 (amd).]
3-A. Fees. The commissioner shall assess a fee of $55 for each criminal history record check required by this section.
[2005, c. 457, Pt. CC, §1 (new).]
4. Expenses.
[2005, c. 457, Pt. CC, §2 (rp).]
4-A. Phase-in plan. The fingerprinting and approval process established by this section for certain classes of individuals must be phased in
as follows:
A. The fingerprinting and approval process must be phased in for all persons regularly employed in a school during the 1999-2000
school year who require department approval to continue in their positions and who have not been fingerprinted pursuant to
this section prior to enactment of this subsection. The department shall issue each person a temporary approval card valid
through a specified year from 2001 to 2004. Prior to July 1st of the year specified on the temporary approval card, the person
must meet the requirements of this section. Once a person has met the requirements of this section, an approval card must
be issued;
[1999, c. 791, §4 (new).]
B. A person placed under contract by a school and subject to the requirements of this section, who has not been fingerprinted
prior to the effective date of this subsection, must meet these requirements by July 1, 2002;
[1999, c. 791, §4 (new).]
C. A person employed as a substitute who has not been fingerprinted prior to the effective date of this subsection must meet
the requirements by July 1, 2002. Beginning with the 2003-2004 school year, a person employed as a substitute who needs fingerprinting
and a criminal history record check pursuant to section 13011, subsection 8 must meet the requirements of this section within
8 weeks of employment by a school administrative unit. A person employed as a substitute who needs fingerprinting and a criminal
history record check must be issued a temporary approval card by the department. The temporary approval card is valid for
the first 8 weeks of employment, except that, for a person who has been fingerprinted pursuant to this section prior to the
20th day of employment and who has not received the results of the criminal history record check prior to the 9th week of
employment, the temporary approval card remains valid until the commissioner determines whether approval is granted or denied
based on the criminal history record information obtained from the State Bureau of Identification; and
[2003, c. 184, §1 (amd).]
D. A regular employee subject to the requirements of this section who begins work in a school after the effective date of this
subsection must meet these requirements prior to the 20th day of employment. Beginning with the 2003-2004 school year, a
regular employee who needs fingerprinting and a criminal history record check pursuant to section 13011, subsection 8 must
meet the requirements of this section within 8 weeks of employment by a school administrative unit. A regular employee who
needs fingerprinting and a criminal history record check must be issued a temporary approval card by the department. The
temporary approval card is valid for the first 8 weeks of employment, except that, for a person who has been fingerprinted
pursuant to this section prior to the 20th day of employment and who has not received the results of the criminal history
record check prior to the 9th week of employment, the temporary approval card remains valid until the commissioner determines
whether approval is granted or denied based on the criminal history record information obtained from the State Bureau of Identification.
[2003, c. 184, §1 (amd).]
[2003, c. 184, §1 (amd).]
5. Criminal record information obtained from the Federal Bureau of Investigation. The commissioner shall obtain other state and national criminal history record information from the Federal Bureau of Investigation
for any person applying for certification, authorization, approval or renewal. The commissioner may rely on information provided
by the Federal Bureau of Investigation within 24 months prior to the issuance of a certificate, authorization, approval or
renewal.
[1997, c. 452, §3 (new).]
6. Fingerprinting. The applicant shall submit to having fingerprints taken. The Maine State Police, upon payment by the applicant or any other
entity required by law of the expenses specified in subsection 3-A, shall take or cause to be taken the applicant's fingerprints
and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national
criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged
by the Federal Bureau of Investigation, all money received by the Maine State Police for purposes of this section must be
paid over to the Treasurer of State for deposit in accordance with Title 20-A, section 6103, subsection 10.
[2005, c. 457, Pt. CC, §3 (amd).]
7. Use of criminal history record. State and federal criminal history record information may be used for the purpose of screening educational personnel applicants
by the commissioner in order to determine whether certification, authorization, approval or renewal of educational personnel
is granted or maintained.
[1997, c. 452, §3 (new).]
8. Applicant's access to criminal history record check. The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of a criminal history record
check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a
state criminal record check may inspect and review criminal record information pursuant to Title 16, section 620.
[1997, c. 452, §3 (new).]
9. Applicant's right to have fingerprints removed from state repository upon retirement or career change. Teachers or educational personnel whose certification, authorization or approval has expired and who have not applied for
renewal of certification, authorization or approval may request in writing that the State Bureau of Identification remove
their fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the requester's
fingerprints from the fingerprint file and provide written confirmation of that removal to the requester.
[1999, c. 110, §2 (new).]
10. Criminal History Record Check Fund. The Criminal History Record Check Fund is created as a dedicated fund within the Department of Education for the deposit
of any fees collected pursuant to subsection 3-A. The purpose of the fund is to reimburse the Department of Public Safety,
State Bureau of Identification for the cost of conducting the fingerprinting and needed state and national criminal history
record checks pursuant to this section. The fund may not lapse, but must be carried forward to carry out the purposes of this
chapter.
[2005, c. 457, Pt. CC, §4 (new).]
Section History:
PL 1995,
Ch. 547,
§5
(NEW).
PL 1997,
Ch. 452,
§3
(AMD).
PL 1999,
Ch. 35,
§1,2
(AMD).
PL 1999,
Ch. 110,
§1,2
(AMD).
PL 1999,
Ch. 791,
§1-4
(AMD).
PL 2003,
Ch. 184,
§1
(AMD).
PL 2005,
Ch. 457,
§CC1-4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6151. Annual report
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 4: MISCELLANEOUS
§6151. Annual report
The following provisions apply to annual reports.
[1981, c. 693, § § 5, 8 (new).]
1. Duty of superintendent. The superintendent under oath shall, on or before the date established by the commissioner, make an annual report to the
commissioner. The report shall contain a full and complete return of all educational statistics required to be reported for
the year ending June 30th.
[1983, c. 859, Pt. A, § § 21, 25 (amd).]
2. Penalty. A school administrative unit whose superintendent fails to make the report shall be subject to the penalties of section
6801-A.
[1989, c. 414, §7 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 859,
§A21,A25
(AMD).
PL 1989,
Ch. 414,
§7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6152. Rules
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS
Subchapter 4: MISCELLANEOUS
§6152. Rules
The commissioner shall adopt rules, consistent with federal and state laws, to carry out this subchapter which are consistent
with federal and state requirements.
[1989, c. 414, §8 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 859,
§A22,A25
(AMD).
PL 1989,
Ch. 414,
§8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
|
|
|
|
